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Republic of the Philippines

SUPREME COURT
Manila
FIRST DIVISION
G.R. No. 170195

March 28, 2011

SOCIAL SECURITY COMMISSION and SOCIAL SECURITY SYSTEM, Petitioner,


vs.
TERESA G. FAVILA, Respondent.
DECISION
DEL CASTILLO, J.:
A spouse who claims entitlement to death benefits as a primary beneficiary under the Social
Security Law must establish two qualifying factors, to wit: (1) that he/she is the legitimate
spouse; and (2) that he/she is dependent upon the member for support.1
This Petition for Review on Certiorari assails the Decision2 dated May 24, 2005 of the Court of
Appeals (CA) in CA-G.R. SP No. 82763 which reversed and set aside the Resolution3 dated
June 4, 2003 and Order4 dated January 21, 2004 of the Social Security Commission (SSC) in
SSC Case No. 8-15348-02. Likewise assailed is the CA Resolution5 dated October 17, 2005
denying the Motion for Reconsideration thereto.
Factual Antecedents
On August 5, 2002, respondent Teresa G. Favila (Teresa) filed a Petition6 before petitioner SSC
docketed as SSC Case No. 8-15348-02. She averred therein that after she was married to
Florante Favila (Florante) on January 17, 1970, the latter designated her as the sole beneficiary
in the E-1 Form he submitted before petitioner Social Security System (SSS), Quezon City
Branch on June 30, 1970. When they begot their children Jofel, Floresa and Florante II, her
husband likewise designated each one of them as beneficiaries. Teresa further averred that
when Florante died on February 1, 1997, his pension benefits under the SSS were given to their
only minor child at that time, Florante II, but only until his emancipation at age 21. Believing that
as the surviving legal wife she is likewise entitled to receive Florantes pension benefits, Teresa
subsequently filed her claim for said benefits before the SSS. The SSS, however, denied the
claim in a letter dated January 31, 2002, hence, the petition.
In its Answer,7 SSS averred that on May 6, 1999, the claim for Florantes pension benefits was
initially settled in favor of Teresa as guardian of the minor Florante II. Per its records, Teresa
was paid the monthly pension for a total period of 57 months or from February 1997 to October
2001 when Florante II reached the age of 21. The claim was, however, re-adjudicated on July

11, 2002 and the balance of the five-year guaranteed pension was again settled in favor of
Florante II.8 SSS also alleged that Estelita Ramos, sister of Florante, wrote a letter9stating that
her brother had long been separated from Teresa. She alleged therein that the couple lived
together for only ten years and then decided to go their separate ways because Teresa had an
affair with a married man with whom, as Teresa herself allegedly admitted, she slept with four
times a week. SSS also averred that an interview conducted in Teresas neighborhood in Tondo,
Manila on September 18, 1998 revealed that although she did not cohabit with another man
after her separation with Florante, there were rumors that she had an affair with a police officer.
To support Teresas non-entitlement to the benefits claimed, SSS cited the provisions of
Sections 8(k) and 13 of Republic Act (RA) No. 1161, as amended otherwise known as Social
Security (SS) Law.10
Ruling of the Social Security Commission
In a Resolution11 dated June 4, 2003, SSC held that the surviving spouses entitlement to an
SSS members death benefits is dependent on two factors which must concur at the time of the
latters death, to wit: (1) legality of the marital relationship; and (2) dependency for support. As
to dependency for support, the SSC opined that same is affected by factors such as
separation de facto of the spouses, marital infidelity and such other grounds sufficient to
disinherit a spouse under the law. Thus, although Teresa is the legal spouse and one of
Florantes designated beneficiaries, the SSC ruled that she is disqualified from claiming the
death benefits because she was deemed not dependent for support from Florante due to marital
infidelity. Under Section 8(k) of the SS Law, the dependent spouse until she remarries is entitled
to death benefits as a primary beneficiary, together with the deceased members legitimate
minor children. According to SSC, the word "remarry" under said provision has been interpreted
as to include a spouse who cohabits with a person other than his/her deceased spouse or is in
an illicit relationship. This is for the reason that no support is due to such a spouse and to allow
him/her to enjoy the members death benefits would be tantamount to circumvention of the law.
Even if a spouse did not cohabit with another, SSC went on to state that for purposes of the SS
Law, it is sufficient that the separation in-fact of the spouses was precipitated by an adulterous
act since the actual absence of support from the member is evident from such separation.
Notable in this case is that while Teresa denied having remarried or cohabited with another
man, she did not, however, deny her having an adulterous relationship. SSC therefore
concluded that Teresa was not dependent upon Florante for support and consequently
disqualified her from enjoying her husbands death benefits.
SSC further held that Teresa did not timely contest her non-entitlement to the award of benefits.
It was only when Florante IIs pension was stopped that she deemed it wise to file her claim. For
SSC, Teresas long silence led SSS to believe that she really suffered from a disqualification as
a beneficiary, otherwise she would have immediately protested her non-entitlement. It thus
opined that Teresa is now estopped from claiming the benefits. Hence, SSC dismissed the
petition for lack of merit.

As Teresas Motion for Reconsideration12 of said Resolution was also denied by SSC in an
Order13 dated January 21, 2004, she sought recourse before the CA through a Petition for
Review14 under Rule 43.
Ruling of the Court of Appeals
Before the CA, Teresa insisted that SSS should have granted her claim for death benefits
because she is undisputedly the legal surviving spouse of Florante and is therefore entitled to
such benefits as primary beneficiary. She claimed that the SSCs finding that she was not
dependent upon Florante for support is unfair because the fact still remains that she was legally
married to Florante and that her alleged illicit affair with another man was never sufficiently
established. In fact, SSS admitted that there was no concrete evidence or proof of her amorous
relationship with another man. Moreover, Teresa found SSSs strict interpretation of the SS Law
as not only anti-labor but also anti-family. It is anti-labor in the sense that it does not work to the
benefit of a deceased employees primary beneficiaries and anti-family because in denying
benefits to surviving spouses, it destroys family solidarity. In sum, Teresa prayed for the reversal
and setting aside of the assailed Resolution and Order of the SSC.
The SSC and the SSS through the Office of the Solicitor General (OSG) filed their respective
Comments15 to the petition.
SSC contended that the word "spouse" under Section 8(k) of the SS Law is qualified by the
word "dependent". Thus, to be entitled to death benefits under said law, a surviving spouse
must have been dependent upon the member spouse for support during the latters lifetime
including the very moment of contingency. According to it, the fact of dependency is a
mandatory requirement of law. If it is otherwise, the law would have simply used the word
"spouse" without the descriptive word "dependent". In this case, SSC emphasized that Teresa
never denied the fact that she and Florante were already separated and living in different
houses when the contingency happened. Given this fact and since the conduct of investigation
is standard operating procedure for SSS, it being under legal obligation to determine prior to the
award of death benefit whether the supposed beneficiary is actually receiving support from the
member or if such support was rightfully withdrawn prior to the contingency, SSS conducted an
investigation with respect to the couples separation. And as said investigation revealed tales of
Teresas adulterous relationship with another man, SSS therefore correctly adjudicated the
entire death benefits in favor of Florante II.
To negate Teresas claim that SSS failed to establish her marital infidelity, SSC enumerated the
following evidence: (1) the letter16 of Florantes sister, Estelita Ramos, stating that the main
reasons why Teresa and Florante separated after only 10 years of marriage were Teresas
adulterous relationship with another man and her propensity for gambling; (2) the
Memorandum17 dated August 30, 2002 of SSS Senior Analysts Liza Agilles and Jana Simpas
which ran through the facts in connection with the claim for death benefits accruing from
Florantes death. It indicates therein, among others, that based on interviews conducted in
Teresas neighborhood, she did not cohabit with another man after her separation from her

husband although there were rumors that she and a certain police officer had an affair.
However, there is not enough proof to establish their relationship as Teresa and her paramour
did not live together as husband and wife; and (3) the field investigation report18 of SSS Senior
Analyst Fernando F. Nicolas which yielded the same findings. The SSC deemed the foregoing
evidence as substantial to support the conclusion that Teresa indeed had an illicit relationship
with another man.
SSC also defended SSSs interpretation of the SS law and argued that it is neither anti-labor nor
anti-family. It is not anti-labor because the subject matter of the case is covered by the SS Law
and hence, Labor Law has no application. It is likewise not anti-family because SSS has nothing
to do with Teresas separation from her husband which resulted to the latters withdrawal of
support for her. At any rate, SSC advanced that even if Teresa is entitled to the benefits claimed,
same have already been received in its entirety by Florante II so that no more benefits are due
to Florantes other beneficiaries. Hence, SSC prayed for the dismissal of the petition.
For its part, the OSG likewise believed that Teresa is not entitled to the benefits claimed as she
lacks the requirement that the wife must be dependent upon the member for support. This is in
view of the rule that beneficiaries under the SS Law need not be the legal heirs but those who
are dependent upon him for support. Moreover, it noted that Teresa did not file a protest before
the SSS to contest the award of the five-year guaranteed pension to their son Florante II. It
posited that because of this, Teresa cannot raise the matter for the first time before the courts.
The OSG also believed that no further benefits are due to Florantes other beneficiaries
considering that the balance of the five-year guaranteed pension has already been settled.
In a Decision19 dated May 24, 2005, the CA found Teresas petition impressed with merit. It gave
weight to the fact that she is a primary beneficiary because she is the lawful surviving spouse of
Florante and in addition, she was designated by Florante as such beneficiary. There was no
legal separation or annulment of marriage that could have disqualified her from claiming the
death benefits and that her designation as beneficiary had not been invalidated by any court of
law. The CA cited Social Security System v. Davac20 where it was held that it is only when there
is no designation of beneficiary or when the designation is void that the SSS would have to
decide who is entitled to claim the benefits. It opined that once a spouse is designated by an
SSS member as his/her beneficiary, same forecloses any inquiry as to whether the spouse is
indeed a dependent deriving support from the member. Thus, when SSS conducted an
investigation to determine whether Teresa is indeed dependent upon Florante, SSS was
unilaterally adding a requirement not imposed by law which makes it very difficult for designated
primary beneficiaries to claim for benefits. To make things worse, the result of said investigation
which became the basis of Teresas non-entitlement to the benefits claimed was culled from
unfounded rumors.
Moreover, the CA saw SSSs conduct of investigations to be violative of the constitutional right
to privacy. It lamented that SSS has no power to investigate and pry into the members and
his/her familys personal lives and should cease and desist from conducting such investigations.
Ultimately, the CA reversed and set aside the assailed Resolution and Order of the SSC and

directed SSS to pay Teresas monetary claims which included the monthly pension due her as
the surviving spouse and the lump sum benefit equivalent to thirty-six times the monthly
pension.
SSC filed its Motion for Reconsideration21 of said Decision but same was denied in a
Resolution22 dated October 17, 2005. Impleading SSS as co-petitioner, SSC thus filed this
petition for review on certiorari.
Issue
Is Teresa a primary beneficiary in contemplation of the Social Security Law as to be entitled to
death benefits accruing from the death of Florante?
Petitioners Arguments
SSC reiterates the argument that to be entitled to death benefits, a surviving spouse must have
been actually dependent for support upon the member spouse during the latters lifetime
including the very moment of contingency. To it, this is clearly the intention of the legislature;
otherwise, Section 8(k) of the SS law would have simply stated "spouse" without the descriptive
word "dependent". Here, although Teresa is without question Florantes legal spouse, she is not
the "dependent spouse" referred to in the said provision of the law. Given the reason for the
couples separation for about 17 years prior to Florantes death and in the absence of proof that
during said period Teresa relied upon Florante for support, there is therefore no reason to infer
that Teresa is a dependent spouse entitled to her husbands death benefits.
SSC adds that in the process of determining non-dependency status of a spouse, conviction of
a crime involving marital infidelity is not an absolute necessity. It is sufficient for purposes of the
award of death benefits that a thorough investigation was conducted by SSS through interviews
of impartial witnesses and that same showed that the spouse-beneficiary committed an act of
marital infidelity which caused the member to withdraw support from his spouse. In this case, no
less than Florantes sister, who does not stand to benefit from the present controversy, revealed
that Teresa frequented a casino and was disloyal to her husband so that they separated after
only 10 years of marriage. This was affirmed through the interview conducted in Teresas
neighborhood. Hence, it is not true that Teresas marital infidelity was not sufficiently proven.
Likewise, SSC contends that contrary to the CAs posture, a members designation of a primary
beneficiary does not guarantee the latters entitlement to death benefits because such
entitlement is determined only at the time of happening of the contingency. This is because
there may have been events which supervened subsequent to the designation which would
otherwise disqualify the person designated as beneficiary such as emancipation of a members
child or separation from his/her spouse. This is actually the same reason why SSS must
conduct an investigation of all claims for benefits.
Moreover, SSC justifies SSSs conduct of investigation and argues that said office did not
intrude into Florantes and his familys personal lives as the investigation did not aggravate the

situation insofar as Teresas relationship with her deceased husband was concerned. It merely
led to the discovery of the true state of affairs between them so that based on it, the death
benefits were awarded to the rightful primary beneficiary, Florante II. Clearly, such an
investigation is an essential part of adjudication process, not only in this case but also in all
claims for benefits filed before SSS. Thus, SSC prays for the setting aside of the assailed CA
Decision and Resolution.
Respondents Arguments
To support her entitlement to the death benefits claimed, Teresa cited Ceneta v. Social Security
System,23 a case decided by the CA which declared, viz:
Clearly then, the term dependent spouse, who must not re-marry in order to be entitled to the
SSS death benefits accruing from the death of his/her spouse, refers to the legal spouse who,
under the law, is entitled to receive support from the other spouse.
Indubitably, petitioner, having been legally married to the deceased SSS member until the
latters death and despite his subsequent marriage to respondent Carolina, is deemed
dependent for support under Article 68 of the Family Code. Said provision reads:
The husband and wife are obliged to live together, observe mutual love, respect and fidelity,
and render mutual help and support
Based on said law, petitioner is, therefore, entitled to the claimed death benefits. Her marriage
to the deceased not having been lawfully severed, the law disputably presumes her to be
continually dependent for support.
No evidence or even a mere inference can be adduced to prove that petitioner ceased to derive
all her needs indispensable for her sustenance, and thus, she remains a legal dependent. A
dependent spouse is primary beneficiary entitled to the death benefits of a deceased SSS
member spouse unless he or she remarries. A mere allegation of adultery not substantially
proven can not validly deprive petitioner of the support referred to under the law, and
consequently, of her claim under the SSS Law.
Thus, being the legal wife, Teresa asserts that she is presumed to be dependent upon Florante
for support. The bare allegation of Estelita that she had an affair with another man is insufficient
to deprive her of support from her husband under the law and, conversely, of the death benefits
from SSS. Moreover, Teresa points out that despite their separation and the rumors regarding
her infidelity, Florante did not withdraw her designation as primary beneficiary. Under this
circumstance, Teresa believes that Florante really intended for her to receive the benefits from
SSS.
Teresa also agrees with the CAs finding that SSS unilaterally added to the

requirements of the law the condition that a surviving spouse must be actually dependent for
support upon the member spouse during the latters lifetime. She avers that this could not have
been the lawmakers intention as it would make it difficult or even impossible for beneficiaries to
claim for benefits under the SS Law. She stresses that courts (or quasi-judicial agencies for that
matter), may not, in the guise of interpretation, enlarge the scope of a statute and include
therein situations not provided nor intended by lawmakers. Courts are not authorized to insert
into the law what they think should be in it or to supply what they think the legislature would
have supplied if its attention had been called to the omission. Hence, Teresa prays that the
assailed CA Decision and Resolution be affirmed in toto.
Our Ruling
We find merit in the petition.
The law in force at the time of Florantes death was RA 1161. Section 8 (e) and (k) of said law
provides:
Section 8. Terms Defined. For the purposes of this Act, the following terms shall, unless the
context indicates otherwise, have the following meanings:
xxxx
(e) Dependent The legitimate, legitimated or legally adopted child who is unmarried, not
gainfully employed and not over twenty-one years of age, or over twenty-one years of age,
provided that he is congenitally incapacitated and incapable of self-support, physically or
mentally; the legitimate spouse dependent for support upon the employee; and the
legitimate parents wholly dependent upon the covered employee for regular support.
xxxx
(k) Beneficiaries The dependent spouse until he remarries and dependent children, who
shall be the primary beneficiaries. In their absence, the dependent parents and, subject to the
restrictions imposed on dependent children, the legitimate descendants and illegitimate children
who shall be the secondary beneficiaries. In the absence of any of the foregoing, any other
person designated by the covered employee as secondary beneficiary. (Emphasis ours.)
From the above-quoted provisions, it is plain that for a spouse to qualify as a primary beneficiary
under paragraph (k) thereof, he/she must not only be a legitimate spouse but also a dependent
as defined under paragraph (e), that is, one who is dependent upon the member for support.
Paragraphs (e) and (k) of Section 8 of RA 1161 are very clear. "Hence, we need only apply the
law. Under the principles of statutory construction, if a statute is clear, plain and free from
ambiguity, it must be given its literal meaning and applied without attempted interpretation. This
plain meaning rule or verba legis, derived from the maxim index animo sermo est (speech is the
index of intention), rests on the valid presumption that the words employed by the legislature in

a statute correctly express its intent by the use of such words as are found in the statute. Verba
legis non est recedendum, or, from the words of a statute there should be no departure."24
Thus, in Social Security System v. Aguas25 we held that:
[I]t bears stressing that for her (the claimant) to qualify as a primary beneficiary, she must prove
that she was the legitimate spouse dependent for support from the employee. The claimantspouse must therefore establish two qualifying factors: (1) that she is the legitimate spouse, and
(2) that she is dependent upon the member for support. x x x
Here, there is no question that Teresa was Florantes legal wife. What is at point, however, is
whether Teresa is dependent upon Florante for support in order for her to fall under the term
"dependent spouse" under Section 8(k) of RA 1161.
What the SSC relies on in concluding that Teresa was not dependent upon Florante for support
during their separation for 17 years was its findings that Teresa maintained an illicit relationship
with another man. Teresa however counters that such illicit relationship has not been sufficiently
established and, hence, as the legal wife, she is presumed to be continually dependent upon
Florante for support.
We agree with Teresa that her alleged affair with another man was not sufficiently established.
The Memorandum of SSS Senior Analysts Liza Agilles and Jana Simpas reveals that it was
Florante who was in fact living with a common law wife, Susan Favila (Susan) and their three
minor children at the time of his death. Susan even filed her own claim for death benefits with
the SSS but same was, however, denied. With respect to Teresa, we quote the pertinent
portions of said Memorandum, viz:
SUSAN SUBMITTED A LETTER SIGNED BY ESTELITA RAMOS, ELDER SISTER OF THE
DECEASED STATING THAT MEMBER WAS SEPARATED FROM TERESA AFTER 10 YEARS
OF LIVING IN FOR THE REASONS THAT HIS WIFE HAD COHABITED WITH A MARRIED
MAN. ALSO, PER ESTELITA, THE WIFE HERSELF ADMITTED THAT THE MAN SLEPT WITH
HER 4 TIMES A WEEK.
TERESA SUBMITTED AN AFFIDAVIT EXECUTED BY NAPOLEON AND JOSEFINA,
BROTHER AND SISTER (IN) LAW, RESPECTIVELY, OF THE DECEASED THAT TERESA
HAS NEVER RE-MARRIED NOR COHABITED WITH ANOTHER MAN.
BASED ON THE INTERVIEW (DATED 9/18/98) CONDUCTED FROM THE NEIGHBORHOOD
OF TERESA AND BGY. KAGAWAD IN TONDO, MANILA, IT WAS ESTABLISHED THAT
TERESA DID NOT COHABIT WITH ANOTHER MAN AFTER THE SEPARATION ALTHOUGH
THERE ARE RUMORS THAT SHE AND A CERTAIN POLICE OFFICER HAD AN AFFAIR.
BUT [NOT] ENOUGH PROOF TO ESTABLISH THEIR RELATIONSHIP SINCE THEY DID
NOT LIVE-IN AS HUSBAND AND WIFE.

BASED ON THE INTERVIEW WITH JOSEFINA FAVILA, MEMBER AND TERESA WERE
SEPARATED FOR A NUMBER OF YEARS AND THAT SHE HAD NO KNOWLEDGE IF
TERESA COHABITED WITH ANOTHER MAN ALTHOUGH SHE HEARD OF THE RUMORS
THAT SAID WIFE HAD AN AFFAIR WITH ANOTHER MAN. NAPOLEON WAS NOT
INTERVIEWED. (Emphasis ours)
While SSC believes that the foregoing constitutes substantial evidence of Teresas amorous
relationship, we, however, find otherwise. It is not hard to see that Estelitas claim of Teresas
cohabitation with a married man is a mere allegation without proof. Likewise, the interviews
conducted by SSS revealed rumors only that Teresa had an affair with a certain police officer.
Notably, not one from those interviewed confirmed that such an affair indeed existed. "The basic
rule is that mere allegation is not evidence and is not equivalent to proof. Charges based on
mere suspicion and speculation likewise cannot be given credence."26 "Mere uncorroborated
hearsay or rumor does not constitute substantial evidence."27 Remarkably, the Memorandum
itself stated that there is not enough proof to establish Teresas alleged relationship with another
man since they did not live as husband and wife.
This notwithstanding, we still find untenable Teresas assertion that being the legal wife, she is
presumed dependent upon Florante for support. In Re: Application for Survivors Benefits of
Manlavi,28 this Court defined "dependent" as "one who derives his or her main support from
another [or] relying on, or subject to, someone else for support; not able to exist or sustain
oneself, or to perform anything without the will, power or aid of someone else." Although therein,
the wifes marriage to the deceased husband was not dissolved prior to the latters death, the
Court denied the wifes claim for survivorship benefits from the Government Service Insurance
System (GSIS) because the wife abandoned her family to live with other men for more than 17
years until her husband died. Her whereabouts was unknown to her family and she never
attempted to communicate with them or even check up on the well-being of her daughter with
the deceased. From these, the Court concluded that the wife during said period was not
dependent on her husband for any support, financial or otherwise, hence, she is not a
dependent within the contemplation of RA 829129 as to be entitled to survivorship benefits. It is
worthy to note that under Section 2(f) RA 8291, a legitimate spouse dependent for support is
likewise included in the enumeration of dependents and under Section 2(g), the legal dependent
spouse in the enumeration of primary beneficiaries.
Under this premise, we declared in Aguas that "the obvious conclusion is that a wife who is
already separated de facto from her husband cannot be said to be dependent for support upon
the husband, absent any showing to the contrary. Conversely, if it is proved that the husband
and wife were still living together at the time of his death, it would be safe to presume that she
was dependent on the husband for support, unless it is shown that she is capable of providing
for herself."30 Hence, we held therein that the wife-claimant had the burden to prove that all the
statutory requirements have been complied with, particularly her dependency on her husband at
the time of his death. And, while said wife-claimant was the legitimate wife of the deceased, we
ruled that she is not qualified as a primary beneficiary since she failed to present any proof to

show that at the time of her husbands death, she was still dependent on him for support even if
they were already living separately.
In this case, aside from Teresas bare allegation that she was dependent upon her husband for
support and her misplaced reliance on the presumption of dependency by reason of her valid
and then subsisting marriage with Florante, Teresa has not presented sufficient evidence to
discharge her burden of proving that she was dependent upon her husband for support at the
time of his death. She could have done this by submitting affidavits of reputable and
disinterested persons who have knowledge that during her separation with Florante, she does
not have a known trade, business, profession or lawful occupation from which she derives
income sufficient for her support and such other evidence tending to prove her claim of
dependency. While we note from the abovementioned SSS Memorandum that Teresa submitted
affidavits executed by Napoleon Favila and Josefina Favila, same only pertained to the fact that
she never remarried nor cohabited with another man. On the contrary, what is clear is that she
and Florante had already been separated for about 17 years prior to the latters death as
Florante was in fact, living with his common law wife when he died. Suffice it to say that
"[w]hoever claims entitlement to the benefits provided by law should establish his or her right
thereto by substantial evidence."31 Hence, for Teresas failure to show that despite their
separation she was dependent upon Florante for support at the time of his death, Teresa cannot
qualify as a primary beneficiary.1wphi1 Hence, she is not entitled to the death benefits
accruing on account of Florantes death.
As a final note, we do not agree with the CAs pronouncement that the investigations conducted
by SSS violate a persons right to privacy. SSS, as the primary institution in charge of extending
social security protection to workers and their beneficiaries is mandated by Section 4(b)(7) of
RA 828232 to require reports, compilations and analyses of statistical and economic data and to
make an investigation as may be needed for its proper administration and development.
Precisely, the investigations conducted by SSS are appropriate in order to ensure that the
benefits provided under the SS Law are received by the rightful beneficiaries. It is not hard to
see that such measure is necessary for the systems proper administration, otherwise, it will be
swamped with bogus claims that will pointlessly deplete its funds. Such scenario will certainly
frustrate the purpose of the law which is to provide covered employees and their families
protection against the hazards of disability, sickness, old age and death, with a view to
promoting their well-being in the spirit of social justice. Moreover and as correctly pointed out by
SSC, such investigations are likewise necessary to carry out the mandate of Section 15 of the
SS Law which provides in part, viz:
Sec. 15. Non-transferability of Benefits. The SSS shall pay the benefits provided for in this
Act to such [x x x] persons as may be entitled thereto in accordance with the provisions
of this Act x x x. (Emphasis ours.)
WHEREFORE, the Petition for Review on Certiorari is GRANTED. The assailed Decision and
Resolution of the Court of Appeals dated May 24, 2005 and October 17, 2005 in CA-G.R. SP
No. 82763 are hereby REVERSED and SET ASIDE. Respondent Teresa G. Favila is declared to

be not a dependent spouse within the contemplation of Republic Act No. 1161 and is therefore
not entitled to death benefits accruing from the death of Florante Favila.
SO ORDERED.
MARIANO C. DEL CASTILLO
Associate Justice
WE CONCUR:
RENATO C. CORONA
Chief Justice
Chairperson
PRESBITERO J. VELASCO, JR.
Associate Justice

TERESITA J. LEONARDO-DE CASTRO


Associate Justice

JOSE PORTUGAL PEREZ


Associate Justice
C E R T I F I C AT I O N
Pursuant to Section 13, Article VIII of the Constitution, it is hereby certified that the conclusions
in the above Decision had been reached in consultation before the case was assigned to the
writer of the opinion of the Courts Division.
RENATO C. CORONA
Chief Justice

Footnotes
1

Social Security System v. Aguas, G.R. No. 165546, February 27, 2006, 483 SCRA
383,400.
2

CA rollo, pp. 93-106; penned by Associate Justice Vicente Q. Roxas and concurred in
by Associate Justices Juan Q. Enriquez, Jr. and Regalado E. Maambong.
3

Id. at 27-30.

Id. at 34-36.

Id. at 125-126.

Id. at 21-23.

Id. at 24-26.

See SSSs Diliman Processing Center Routing Slip dated August 20, 2002, id. at 54.

Id. at 50.

10

Sections 8 (k) and 13 thereof reads:


Section 8. Terms Defined. For the purposes of this Act, the following terms
shall, unless the context indicates otherwise, have the following meanings:
xxxx
(k) Beneficiaries The dependent spouse until he remarries and dependent
children, who shall be primary beneficiaries. In their absence, the dependent
parents and, subject to the restrictions imposed on dependent children, the
legitimate descendants and illegitimate children who shall be the secondary
beneficiaries. In the absence of any of the foregoing, any other person
designated by the covered employee as secondary beneficiary.
Section 13. Death Benefits. Upon the covered employees death, his primary
beneficiaries shall be entitled to the monthly pension and his dependents to the
dependents pension: Provided, That he has paid at least thirty-six monthly
contributions prior to the semester of death: Provided, further, That if the
foregoing condition is not satisfied his primary beneficiaries shall be entitled to a
lump sum benefit equivalent to thirty-five times the monthly pension: Provided,
further, That if he has no primary beneficiaries, his secondary beneficiaries shall
be entitled to a lump sum benefit equivalent to twenty times the monthly pension:
Provide

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